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1996-0702_ORANGE ,COUNTY OF_Joint Agreement8 9', 10 11 12 131 14 15 16 1711 18 19 20 21 22 23 24 25 26 27 M JOINT AGREEMENT FOR THE IMPLEMENTATION AND OPERATION OF THE ORANGE COUNTY AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM THIS AGREEMENT, made and entered into the 4 day of 19-0_, is by and between the County of Orange, a political subdivision of the S ate of California, hereinafter "COUNTY," and the City of San Juan Capistrano , a municipal corporation, hereinafter "USER." WITNESSETH WHEREAS, The State Department of Justice maintains an automated system for retaining and identifying fingerprints, said system being known as the California Identification System ("CAL -ID"), and WHEREAS, the Penal Code, Section 11112.1 et seq., provides for the establishment of a Remote Access Network ("RAN'), consisting of a statewide network of equipment and procedures allowing local law enforcement agencies direct access to CAL -ID, and WHEREAS, COUNTY and USER deem it important to have direct access to CAL -ID, and WHEREAS, there has been established in COUNTY a local board ("RAN BOARD"), which is I charged with determining the placement of RAN equipment within the COUNTY, coordinating acceptance, delivery and installation, and developing procedures for the use and maintenance of the equipment, and WHEREAS, COUNTY, in cooperation with USER, the RAN BOARD and the Department of Justice, has developed a local network ("SYSTEM") to access CAL -ID, and WHEREAS, it is recognized that new users may, from time to time, require access to SYSTEM. NOW, THEREFORE, COUNTY and USER agree as follows: Exhibit "A" (USERS of the CAL -ID Automated Fingerprint Identification System) and "B" (Orange County Local RAN Board Operating Policies) are attached hereto and incorporated herein by reference. 1' 2 3 4 5 6. 7 8 9 10 111 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 0 • II. A SYSTEM has been established in COUNTY, and all right, title and interest to SYSTEM shall remain with COUNTY. The configuration, current and future, of the SYSTEM will be approved by the RAN BOARD. a) The SYSTEM will comprise two areas of cost components for which COUNTY will establish and maintain separate special revenue funds in the County Treasury and outside of the County General Fund and keep separate accounting records. (1) SYSTEM REPLACEMENT AND UPGRADE COSTS "SYSTEM COSTS" will include (i) the costs of acquisition and installation of equipment necessary or appropriate for SYSTEM replacement or upgrading, less State or Federal subvention, if any; (ii) finance costs; (iii) any other costs related to the replacement or upgrading of all or part of the system, including indirect costs incurred by the COUNTY's Sheriff - Coroner or other COUNTY department. (2) SYSTEM ON-GOING OPERATIONAL COSTS "OPERATIONAL COSTS" will include: (i) those costs needed to maintain the central computer and related equipment and any Local Input Terminals, Electronic work stations, or other equipment deemed by the RAN Board to be part of the SYSTEM, (ii) costs for personnel, telecommunication and other services and supplies for the SYSTEM operation; and (iii) any costs related to operation of the SYSTEM, including indirect costs incurred by COUNTY's Sheriff -Coroner or other COUNTY department. b) COUNTY shall deduct the administrative costs of the County Treasurer, as defined in Government Code section 27013, from interest or income earned on the money in the 2 1 2 3 41 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 271 11 SYSTEM COSTS and OPERATIONAL COSTS special revenue funds, on the same basis as COUNTY deducts administrative costs from interest or income earned on other moneys invested by the County Treasurer. If County Treasurer, at the recommendation of the RAN BOARD, elects to invest, deposit or otherwise handle money in the SYSTEM COSTS or OPERATIONAL COSTS special revenue funds separately from moneys in other investment pools in the County Treasury, COUNTY shall deduct any additional administrative costs attributable to such separate investment, deposit or handling of the moneys from the interest or income earned on said moneys, pursuant to Government Code Section 27013. c) The primary purpose of the SYSTEM shall be to serve all law enforcement agencies in COUNTY. d) Additional law enforcement agencies may be added as users to SYSTEM and USERS may be removed from SYSTEM as conditions warrant. e) COUNTY may, upon recommendation of the RAN BOARD, enter into contracts for the acquisition of equipment, including financing therefor, and for service or maintenance of equipment as may be necessary to effectuate the purposes and objectives of this AGREEMENT. f) COUNTY and USER(S) designate the RAN BOARD to determine whether or not users shall be added to, or removed from the SYSTEM pursuant to the criteria in Penal Code Section 11112.4; to consult with the COUNTY and USER to determine future modification of the SYSTEM; and to develop operational policies for the SYSTEM in accordance with the terms and conditions of this AGREEMENT. III. This Agreement shall remain in effect until June 30, 2006, and shall continue for additional periods of ten (10) years each, unless the governing bodies of either COUNTY or a majority of the then USER(S) votes not to continue the Agreement at a meeting or meetings held more than one year before the expiration of any ten-year period and notifies all existing USER(S) not 2811 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 less than thirty (30) days prior to the end of the ten-year period. Notwithstanding the foregoing, this Agreement may be terminated at the end of any fiscal year (June 30) by any USER, as to that party, by serving written notice of termination to the RAN BOARD not less than one year in advance of USER'S intention to terminate the Agreement. The RAN BOARD shall promptly notify COUNTY and other USERS. Such termination shall not relieve the USER of any financial obligation assumed under this Agreement other than for future operational costs. IV. COUNTY shall: a) Negotiate or bid, as appropriate, and enter into agreements as contemplated by Section II.e. of this Agreement and make payments thereunder. b) Enter into agreements with new users which receive approval from the RAN Board to access SYSTEM, provided that: (1) Any new user shall execute this Agreement. (2) Any additional terms, conditions, modifications and costs for entry shall be included in an addendum to the Agreement. Said addendum will address any direct or indirect costs for previously incurred costs of the existing SYSTEM to be paid by new USER. Payment of indirect costs may take the form of improvement or modification of the SYSTEM for the benefit of all USERS. (i) The RAN BOARD shall determine the appropriate terms, conditions and costs to be included in said addendum. c) Arrange financing to fund SYSTEM replacement or upgrade costs. Such financing shall have a ten-year term, be fully or time -price differential amortizing and be obtained at the lowest rate reasonably obtainable. d) Appropriate and expend moneys in the Automated Fingerprint Identification Fund in the County Treasury in accordance with the limitations of Government Code Section 76102, as it now exists and may hereafter be amended; and annually during the County's budget hearings, consider the recommendations of the RAN BOARD about 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 how moneys in the Automated Fingerprint Identification Fund should be appropriated and expended. e) Establish and maintain two separate special revenue funds in the County Treasury outside the County General Fund, one solely for SYSTEM COSTS and the other solely for OPERATIONAL COSTS, and maintain separate accounting records for each of these special revenue funds. f) Expend moneys: (1) In the SYSTEM COSTS special revenue fund only for those costs described in Section I1. a) (1) of this Agreement and in accordance with the recommendations of the RAN BOARD. (2) In the OPERATIONAL COSTS special revenue fund only for those costs described in Section II. a) (2) of this Agreement and in accordance with the recommendations of the RAN BOARD. g) Credit all interest earned by moneys in the SYSTEM COSTS special revenue fund to the SYSTEM COSTS special revenue fund, and credit all interest earned by moneys in the OPERATIONAL COSTS special revenue fund to the OPERATIONAL COSTS special revenue fund, except that the County may deduct from said interests administrative costs in accordance with Section II. b) of this Agreement. h) Permit representatives of the RAN BOARD to audit the SYSTEM COSTS and OPERATIONAL COSTS special revenue funds, established pursuant to this Agreement, at least on an annual basis, and at the expense of the RAN BOARD. V. USER and COUNTY agree to the following: a) ESTIMATES OF ANNUAL PROPORTIONAL SHARES OF COSTS. An estimate of the annual proportional share of SYSTEM COSTS and OPERATIONAL COSTS to be paid by each USER (COUNTY is deemed a USER for purposes of this section) will be determined annually by the RAN BOARD based 5 2'. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on the percentage of the total population of all USER entities residing in each USER entity on January 31 of each year, as indicated in the latest edition of "Population Estimates for California Cities and Counties" prepared by the State of California Department of Finance California Demographic Research Unit. The estimate of COUNTY'S proportional share will be calculated based on the percentage of the total population of all USER entities residing in unincorporated areas of Orange County on January 31 of each year. In the event the California Demographic Research unit no longer issues demographic data, the RAN BOARD shall determine the source of the population data to be used in doing the above-described calculations. (1) COUNTY will issue monthly invoices to each USER for one -twelfth of the estimate of its annual proportional share of SYSTEM COSTS and OPERATIONAL COSTS. (2) USERS will pay the estimate of their annual proportional shares of SYSTEM COSTS and OPERATIONAL COSTS on a monthly basis within thirty (30) days of receipt of invoices from the COUNTY. (3) COUNTY will credit all payments received from USERS for their proportional shares of SYSTEM COSTS to the SYSTEM COSTS special revenue fund and all payments received from USERS for their proportional shares of OPERATIONAL COSTS to the OPERATIONAL COSTS special revenue fund. b) SHORTFALL IN OPERATIONAL COSTS. In the event anticipated OPERATIONAL COSTS exceed in any fiscal year the sum of the estimates of USERS' proportional shares of OPERATIONAL COSTS and any other moneys appropriated to the OPERATIONAL COSTS special revenue fund, the RAN BOARD will calculate each USER'S proportional share of said shortfall using the methodology described in Section V. a) of this Agreement. COUNTY will issue an additional invoice to each USER for its proportional share of said shortfall. Each USER shall pay said invoice within thirty (30) days of receipt. COUNTY shall credit all payments 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 received from USERS for said invoices to the OPERATIONAL COSTS special revenue fund. c) EXCESS SYSTEM COSTS. Unless COUNTY's Board of Supervisors and the governing bodies of a majority of the other USERS approve, the RAN BOARD shall not recommend expenditure of, and COUNTY shall not expend, in any fiscal year, moneys for SYSTEM COSTS in excess of the sum of (1) the total funds available in the SYSTEM COSTS special revenue fund at the beginning of the fiscal year, (2) the total revenue anticipated for SYSTEM COSTS as a result of State and Federal subventions and (3) the total payments anticipated to be received from USERS for their estimated proportional shares of SYSTEM COSTS in that fiscal year (hereinafter called "EXCESS SYSTEM COSTS"). If COUNTY's Board of Supervisors and a majority of the governing bodies of the other USERS approve, the RAN BOARD may recommend expenditure of, and COUNTY may expend or encumber, EXCESS SYSTEM COSTS. The RAN BOARD shall calculate each USER's proportional share of EXCESS SYSTEM COSTS using the methodology described in Section V. a) of this Agreement. COUNTY will issue an additional invoice to each USER for its proportional share of EXCESS SYSTEM COSTS. Each USER shall pay said invoice within thirty (30) days of receipt. COUNTY shall credit all funds received from USERS in payment of said invoices to the SYSTEM COSTS special revenue fund. d) NEW USER ASSESSMENTS. In addition to the foregoing costs, any new USER desiring to execute this Agreement in order to become a member of the SYSTEM shall be assessed and shall pay in full an amount to offset previously -incurred SYSTEM COSTS that were borne by existing USERS. The amount of said 7 0 0 1 assessment shall be determined by the RAN BOARD in accordance with Section IV. 2 b) (2) of this Agreement. COUNTY shall invoice the new USER for said assessment. 3 New USER shall pay said invoice in full within 30 days of receipt. COUNTY shall 4 credit all payments received from new USERS for said invoices to the SYSTEM 5 COSTS special revenue fund. 6 e) NON -PARTICIPANT COSTS. All cities will be encouraged to make use of and 7 support the SYSTEM. However, the RAN BOARD may make payment of certain 8 OPERATIONAL COSTS AND SYSTEM COSTS a condition of use of the SYSTEM 9 by cities or other entities that have not executed this Agreement. The costs to be 10 charged to such non -participants shall be determined by the RAN BOARD annually. I 1 COUNTY shall invoice non -participants for said costs. COUNTY shall credit all 12 payments received from non -participants for such invoices to the SYSTEM COSTS 13 or OPERATIONAL COSTS special revenue funds, as directed by the RAN BOARD. 14 15 // 16 11 17 18 // 19 // 20 // 21 // 22 23 !/ 24 25 // 26 27 // 28 8 1 2 3 4, 5 6 7 81, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each of which shall be for all purposes deemed an original thereof. DATED 1997- COUNTY :OF ORANGE SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD ATIF$V, DARLEW I BLOOM CLERK OF THE BOARD OF SUPERVISORS APPROVED AS TO FORM: Laurence M. Watson, Acting Chief Assistant COUNTY COUNSEL DEPUTY Dated: 119 /r Dated: 2 , 146 APPROVED AS TO FORM Ij k1l W tjL-, R chard DenhalteiR, City Attorney JDA't l/M 9 CITY OF San Juan Capistrano BY (k,6,o yat Hart, Mayor ATTEST: ail? opew� City C16kk 1 2 Exhibit A 3 USERS of the CAL -ID Automated Fingerprint Identification System 4 5 The City Of 6 Anaheim 7 Brea 8 Buena Park 9 Costa Mesa 10 Cypress I 1 Dana Point 12 Fountain Valley 13 Fullerton 14 Garden Grove 15 Huntington Beach 16 Irvine 17 Laguna Beach 18 Laguna Hills 19 Laguna Niguel 20 Lake Forest 21 La Habra 22 La Palma 23 Los Alamitos 24 Mission Viejo 25 Newport Beach 26 Orange 27 Placentia 21 1 r 1 San Clemente 2 San Juan Capistrano 3 Santa Ana 4 Seal Beach 5 Stanton 6 Tustin 7 Villa Park 8 Westminster 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14, 15 16, 17 18 19 20 21 22 23 241 25, 26 27' 28 Exhibit B Orange County Local RAN Board Operating Policies 1.0 As used in this Policy: 1.1 "Full Use Access Agency" (FUAA) will mean the Orange County Sheriff -Coroner Department. 1.2 'Participating Agency" means a local law enforcement agency contributing to the cost of the operation of the Orange County Cal -ID System. 1.3 "Host Agency" means a participating agency in which a Local Input Terminal (LIT) has been placed by the Local RAN Board to serve a specific geographical area of the County, herein called "Region'. 1.4 "Trained Operator" means a person trained by the Orange County Cal -ID vendor, the Department of Justice or any designee of the Local RAN Board to input latent or ten print fingerprint cards, perform inquiry operations and generate candidate lists as a result of inquiry operations. Each trained operator will have a system security password assigned to him. 1.5 "Latent Print Examiner" means a person with the skills, knowledge and abilities to perform latent fingerprint to inked fingerprint comparisons. 2.0 POLICIES AND PROCEDURES 2.1 Responsibilities of Host Agencies. Host Agencies accept the following conditions for the hosting of a Local Input Terminal: 2.1.1. The Host Agency will provide 24-hour, 7 day a week access to participating agencies trained operators within the LIT region. 2. The Host Agency will provide latent print comparison services for those regional participating agencies without a latent print examiner in that agency. This service will 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be available Monday through Friday during business hours, and will be at no charge to the participating agency. 3. The Host Agency will provide adequate power, air-conditioning and space to provide a suitable working environment for the LIT and personnel operating the LIT. 4. The Host Agency will provide a schedule of times for LIT used by participating agencies within the region which will be designed to prevent undue burdens upon the capacity of the FUAA. This schedule will be coordinated among all the Host Agencies and FUAA. 5. Local Input Terminals will be located at locations determined by the Orange County RAN Board. 3.0 Responsibilities of Participating Agencies 3.1 Participating agencies will have the following responsibilities: 3.1.1. A participating agency will declare its intent to which Host Agency it will use, or it may use the FUAA at the Sheriff -Coroner Department. 3.1.2. Prior to latent inquiry into the Cal -ID System all latent prints collected at crime scenes will be examined to determined if the latent print is identifiable; all latent prints will be examined to determine if they represent finger friction ridge detail; whenever possible latent prints will be compared to those individuals having legitimate access to a crime scene so-called "elimination" prints. 3.1.3. Agencies must agree to comply with system audit procedures adopted by the Local RAN Board, including keeping appropriate workload and identification statistics deemed necessary by the local RAN Board. 4.0 Priority Services: 4.1 The users agree to use the following priorities when using the Orange County Cal -ID I System. 2 Ten Print Services Latent Services 3 Priority 1: In -custody suspects. Crimes against persons 4 Priority 2: Central site registration uses. Upgraded crimes against property. 5 Priority 3: All other inquiries. Routine latent inquiries. 6 In no case will Priority 3 latent inquiries be upgraded to Priority 1. 7 8 4.2 Account Numbers / Security Codes: 9 Each participating agency contributing to this system will be assigned a control 10 account number. The manager of the FUAA will assign a security code to each 11 trained operator. An account may have more than one trained operator. 12 13 4.3 Access to Orange County Cal -ID System 14 Participating agencies shall not permit access to the system by non -participating 15 agencies, unless specifically authorized by the local RAN Board 16 17 5.0 Retention of Latent Prints: 18 5.1 Latent prints entered by a participating agency will be retained within a file at the 19 FUAA for searching after each ten -print addition. The criteria for latent print 20 retention in this file will be jointly agreed upon by the FUAA staff and other 21 participating agencies. 22 23 6.0 Addition of Ten -Print Card: 24 6.1 Ten -Print cards will be added to the data base at the FUAA only If a the ten -print 25 card is retained by the FUAA for use by other agencies, it will be the original card 26 used for registration, otherwise all original cards will be returned to the submitting 27 agency. 28 1 2 7.0 Allocation of Inquiries: 3 7.1 In the event that the number of inquiries exceeds the capacity of the system, the 4 following allocation of inquiries will be used: 5 7.1.1 All Priority 1 and Priority 2 inquiries will be permitted. 6 7.1.2. Priority 3 inquiries will be restricted to those latent prints collected pursuant to an 7 investigation of a "felony". 8 7.1.3 The Local RAN Board will adopt additional allocation policies as needed in the event 9 that the number of inquiries continue to exceed the capacity of the System. 10 11 8.0 Modifications to Operating Policies 12 13 8.1 Operating policies can be modified by a majority vote of the Local RAN Board 14 members at a duly constituted meeting. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 0 0 MEMORANDUM TO: Lt. Paul Sullivan FROM: Cheryl Johnson, City Clerk DATE: July 5, 1996 SUBJECT: CAL -ID User's Aareement Pursuant to your instructions, I am returning to you two copies of the subject agreement. The Agreement was approved by the City Council on July 2, 1996, and has been signed by the Mayor. Upon signing by County officials, one signed copy should be returned to this office. Thanks for your assistance. r ;;: u•:1 ••ul y;� .11 1 Qej As set forth in the Report dated July 2, 1996, from the Director of Engineering and Building, the plans and specifications were approved for the reconstruction of the curb and gutter and overlay of the street with asphalt concrete on Valle Road at the Capistrano Terrace Mobile Home Park. Staff was authorized to call for bids. • r • � lau r.l i ul .r u : ul ;• ;:u :.1• rr.•; •. • rul r.l ul . �: u As set forth in the Report dated July 2, 1996, from the Engineering and Building Director, the following Resolution was adopted certifying the City's Pavement Management Program in compliance with provisions of Measure M: RESOLUTION NO 96-7-2-1 CERTIFYIN& EXISTENCE OF A PAVEMENT MANAGEMENT PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE EXISTENCE OF A PAVEMENT MANAGEMENT PROGRAM Staff was authorized to submit the Measure M eligibility package to the OCTA. ' ; • • �<<11i_ uIWO • ; a; el. : • 11\1• : • ` \ l.lu� :1 •1 r •11 Me As set forth in the Report dated July 2, 1996, from the Engineering and Building Director, the Consultant Services Agreement with PJHM Architects was approved for the design of the freeway soundwalls to be constructed on private property along Interstate 5 to mitigate traffic noise, at a total cost of $16,000, for the period ending December 31, 1996. The Mayor was authorized to execute the Agreement on behalf of the City. As set forth in the Report dated July 2, 1996, from the Chief of Police Services, the Joint Agreement for the Implementation and Operation of the Orange County Automated Fingerprint Identification System (CAL -ID) was approved for a ten-year period ending June 30, 2006, at a cost of $1,540 for the City's share. The Mayor was authorized to execute the Agreement on behalf of the City. City Co=d Minus -a 7/2/96 • N AGENDA ITEM July 2, 1996 TO: George Scarborough, City Manager FROM: Lt. Paul Sullivan, Chief of Police Services SUBJECT: Agreement with County of Orange for Provision of User's Agreement in Cal -ID system. RECOMMENDATION: By motion, approve 10 year agreement for provision of user's agreement in the Cal -ID System with the County of Orange. SITUATION: The Cal -ID user agreement under which the Orange County Cal -ID System operates is set to expire on June 30, 1996. Cal -ID has been operating in Orange County since February of 1987. Cal -ID is an automated fingerprint system that stores and searches fingerprints of identified suspects. The Orange County Cal -ID RAN Board (Remote Access Network) was established by Penal Code Section 11112.4. The RAN Board is composed of seven members, one member of the Board of Supervisors, the Chief of Police with the largest sworn staff, Sheriff Brad Gates, Chairman, member of the League of Cities , The District Attorney , representative of the Orange County Chiefs of Police/Sheriff Association and a member -at -large elected by the other members. Cal -ID has two main functions, criminal identification and latent fingerprint search and identification. With this system criminals are identified and their fingerprints stored. Whenever a criminal is booked their prints are compared with existing data in the system and verification is immediate. Hundreds of thousands of man hours needed to compare prints of arrestees has been eliminated. Yearly 40,000 individuals are identified by the Cal -ID system. The second function of the system is latent fingerprint comparison. Prints located at crime scenes are entered into the system and compared with known criminals. Presently there are 800,000 known criminals in the system for print comparison. Prior to Cal -ID investigators had to suspect an individual and then have their prints compared. Again, thousands of man hours of print comparison have been eliminated. Additionally, the chances of suspect identification have been increased greatly. The success rate of finding suspects through Cal -ID is approximately 16% to 20%. The Department of Justice reports latent print search conducted by hand clears only 8% of cases. The acquisition of the Cal -ID equipment was a cooperative purchase with the State Department of Justice. DOJ paid approximately 70% of the cost, and the local costs were funded by a Certificate FOR CITY COUNCIL AGEN D/ IV of Participation. The RAN Board chose to expand from the original design and purchase additional equipment. In addition to the initial 30% matching funds, the County and local agencies were jointly responsible for conversion of fingerprint cards to the automated format, building a central site computer room for the Cal -ID database and communication costs between local terminals and the central site. The Sheriff's Department was chosen to be the central site. The monthly cost of the equipment and operational costs were defrayed through payments made by all participating cities and the county. This agreement between all the cities with the county stated that charges would be based upon their proportional use of the system. Additionally, a future equipment replacement fund was established at $250,000 a year, and an enhancement fund (essentially to purchase equipment for expansion of the data base) at $80,000 a year. In 1988 the County was successful in writing and lobbying legislation which authorized the statewide establishment of a penalty assessment for the operation of the Cal -ID program. This generated as much as one million dollars in a single year. This money was to cover all operational costs and supplement reserve funds. RAN Board action, based upon these new revenues, declared that since April, 1989, neither the County or the Cities have been required to contribute to the operation of the Cal -ID system. In 1991, however, the state legislature changed the penalty assessment policy and limited the amount of money the county could retain from the assessments to $7.00 per $10.00 of assessed fines. The county had been collecting about $7.80. This action forced the county to scale back on the amount of money contributed to Cal -ID by about 10%. Additionally, there has been a general decrease in the fine money assessed in the County. Several reasons have been suggested including; decreased enforcement of traffic laws, fewer fines collected and fewer traffic laws violated. The County declared bankruptcy which resulted in a $60,000 loss to the Cal -ID fund. This Cumulative effect has led to our current situation. The Ran Board must again consider charging the County and Cities for system operation as provided for in the original agreement. A cost breakdown for each city is enclosed for the fiscal year 1996/97 operating budget. The projected revenue shortfall is $140,000. San Juan Capistrano's share of this is $1,540.00. Staff believes the charges are equitable and recommends Council approval of this agreement. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not Applicable FINANCIAL CONSIDERATIONS: Under the new agreement the cost to San Juan Capistrano for the fiscal year of 1996/97 would be $1,540. These costs are included in the proposed budget. NOTIFICATION: Agenda Item None ALTERNATE ACTIONS: -3- 40 July 2, 1996 By motion, approve 10 year agreement for provision of users's agreement in the Cal -ID system with the County of Orange. 2. By motion, not approve 10 year agreement for provision of user's agreement in the Cal -ID system with the County of Orange. 3. Request additional information from staff. RECOMMENDATION: By motion, approve 10 year agreement for provision of the user's agreement in the Cal -Id system with the County of Orange Respec fully submitted, Lt. Paul Sullivan Chief of Police Services Attachments: 10 yr. Cal-I.D. Agreement